A Chelsea, NY building that’s home to several art galleries caught fire while the spaces were open for business, FDNY officials said. The one-alarm blaze broke out inside the Paula Cooper Gallery on the top floor of the two-story building that houses several other Art Galleries including the Tina Kim and Tanya Bonakdar Galleries. Following the inferno, people could be seen moving out wet boxes from the building and other items like chairs wrapped in plastic.

People rarely expect worst-case scenarios but as insurance professionals we have seen it happen too many times, the question we’d like to ask is “are you covered?” Art Galleries give artists the space they need to exhibit their craft, gain exposure and sell art. And we provide value in knowing if something goes awry, the work is Insured.

Due to the nature of Art in a gallery, Gallery insurance is essential. Risk exposures such as unexpected events like fire, flood, earthquakes, and storms, can cause extreme damage to the building and its contents. Manage these risks by obtaining a gallerist insurance policy offered by ArtInsuranceNow.com / Bernard Fleischer & Sons Inc.

Call us at 800.921.1008 or visit ArtInsuranceNow.com by clicking the link below.

5-year-old Kansas boy knocks over $132,000 art sculpture on display at a local community center. Surveillance video captured the little boy reaching for the sculpture, called “Aphrodite di Kansas City” on display in the lobby of the Tomahawk Ridge Community Center in Overland Park, Kansas when it toppled over.

“It was a piece that was loaned to us that we are responsible for. That’s public money,” Sean Reilly, a spokesperson for the City of Overland Park said. “We are responsible to protect the public investment.”

The influence of Comic-Art

It’s a trend that’s reflective of our times, with the record-setting box office of Avengers: Infinity War at a total of $1,813,732,959 in only 4 weeks! Comics as an art form is hugely popular, and we want to help protect those collections.

Most people debate whether to go with a painting or a photograph when filling an empty wall space. But lately, people are turning to something that reflects their pop culture interests, opting for art that depicts superheroes both well-known and obscure.

The appeal of these characters has gone mainstream in a big way, ensuring that vintage comic collections will continue to increase in value. With this increased popularity, there has also been more interest in collecting original comic book art. A popular cover of “Amazing Spider-Man” #328 pitting the title character against the Hulk by Todd McFarlane fetched $657,250 at auction in 2012, and a Sotheby’s Comic Art auction fetched $4.1 Million in 2015.

With the increasing values of this American Art Form comes the increasing exposure to theft and loss due to fire, floods, and damaging weather. We at Bernard Fleischer & Sons Inc. / ArtInsuranceNow.com provide Fine Art & Collectibles Insurance to give peace of mind to the avid collector and with over 60 years of experience under our belt, we can Insure your collection properly to fit your particular situation.

One of Jeff Koons’ reflective “Gazing Balls” was shattered into pieces, after a curious visitor touched it in an Amsterdam church. The glass work was on display in an exhibition at Nieuwe Kerk (a 15th Century church known for its high-profile art exhibitions) when it was destroyed on the last day of the show.

In the “Gazing Ball” series the artist has taken 35 masterpieces, including Manet’s Déjeuner sur l’Herbe, Géricault’s Raft of the Medusa and Rembrandt’s Self-Portrait Wearing a Hat and had them repainted in oil on canvas, and added a little shelf, painted as if it had sprouted directly from the image and placed a blue glass orb upon them, as a follow-up to his 2013 series that balanced gazing balls on plaster sculptures.

The gazing ball was the centerpiece of the exhibition. A spokesperson for Nieuwe Kerk confirmed that a visitor had touched the glass ball, which immediately broke, leaving behind shards. The painting itself remains undamaged, and no one was injured.

Many risks are exposed to Fine Art during an exhibition, including those during the transportation of said Artwork. For the one-off or traveling exhibitions, we provide wall-to-wall coverage for items on display and in transit, this way your lenders can have the peace of mind that they are insured. Coverage can include:

The top risks art collectors might face surprisingly doesn’t include theft. In fact, its art that’s on the move that poses the biggest risk. A large proportion of art claims are derived from transit losses. Private collectors enjoy lending, particularly as exhibitions in major institutions can increase value, that’s all very well until something goes wrong.

The movement of art is massive, now art is transported coast to coast, internationally or just to your winter home or local Gallery. When handling artwork, packing for transportation is a top concern for insurance carriers.

Many policies list as a condition, professional packing, meaning it must be packed as someone in the industry would pack it, safe, secure and protective from breaking if possible.

If you use a transportation service, either a fine art mover, a local mover, or common carrier, you must verify if they have or offer Insurance, what are their limits, conditions and the cost of the coverage. Insurance carriers differ and may have restrictions or limitations while your valuables are on the road, on a ship, or in air transit. The most common, efficient and safe way of moving art over long distances, domestically or internationally is by air transport, but it is very common to move the work yourself, so make sure your policy covers self-conveyance.

Some art transporting choices such as those offered by, United Parcel Service (UPS), DHL, Federal Express (FedEx), and other private art handling companies or commercial air freight carriers have limitations on coverages, territory, and deductibles. Keep in mind that while these are services used for fragile and non-fragile fine art, things happen within their control and outside of their control. Looking to your own insurance policy for protection is the right way to limit your financial losses and the quickest way to have the claim settled.

Artists, art dealers, and institutions use these Art transport services regularly, but Insurance, in particular, is the gray area in which most misunderstandings occur. Pay close attention to the bill of lading and understanding the fine print. The standard form limits the exposure of a claim on the art to weight, not value.

Our policies are written either as a schedule or market value less a percentage. Either way, your art will be protected while in transport. Caution, it’s important when securing transit art insurance to add extra days of transport for the unknown delays. Also note the declared value placed in customs forms or the bill of Lading is usually not used when settling a claim but look for wording which would specify to the contrary.

According to FedEx, “shipments (packages or freight) containing all or part of the following items are limited to a maximum declared value of $500: Artwork, including any work created or developed by the application of skill, taste or creative talent for sale, display or collection.

Any commodity that by its inherent nature is particularly susceptible to damage, or the market value of which is particularly variable or difficult to ascertain.”

According to UPS, articles of “unusual value” are prohibited from being offered for shipment. This definition explicitly includes “works of art.” As the November New York-based auctions ended and Art Basel Miami Beach began, for collectors buying and selling art no doubt demanded lots of their attention, they also should be thinking about keeping their art safe and properly insured as it moves between locations.

With the expansion of the global art market, risks increase. To discover a larger number of buyers, auction houses and art dealers often display art at multiple locations, including a growing number of art fairs around the world like Art Basel. The high volume of art exchanging hands increases the risk of improper handling and accidental damage and therefore increases the number of fine art insurance claims.

You should know where your art will be stored while in the possession of art dealers or auction houses. This is critical. For example, many consigned works were stored in art gallery basements in Chelsea during Hurricane Sandy, leaving many damaged. Art galleries may also store artwork at an off-site storage facility. Being notified before your piece is moved from one location to another is also a precaution and obtaining confirmation on how it will be packed and transported will help to ensure a smooth consignment process.

Don’t presume that the auction house, gallery owner, art dealer, or shipping company with possession of your artwork has insurance for its loss, theft or damage. It’s very important to have your own fine art policy. Collectors should always consult with an insurance agent. The agent can tailor a policy to a specific collector and discover any special provisions in the collector’s fine art policy.
No matter what risks they face, creating an insurance policy for an art collector requires one-on-one consultation since every art collection is unique, no two collectors are alike and no two collections are alike.

Collectors and their advisers would be wise to work with knowledgeable insurance brokers like Bernard Fleischer & Sons Inc. that can guide you in obtaining the right fine art insurance for your unique requirements. For more info visit www.artinsurancenow.com and live chat with us or call us at 800.921.1008

“The Scream” and “Madonna,” two major paintings by famous Norwegian artist Edvard Munch, were stolen several years ago from the Munch Museum in Norway by armed robbers in broad daylight. The significance of the art theft is notable, but what’s really shocking is that the art was not insured against theft (although it was insured for fire and water damage, for restoration costs that would be incurred to repair the paintings if they were damaged). According to a BBC news story, John Oyaas, managing director of the museum’s insurers, said of the paintings, “They are not replaceable so you can’t buy ‘The Scream’ on the street and put a copy up there. The focus is on other issues than insuring them. To a certain extent, this is common practice because these items aren’t replaceable.”

Now let’s take a close look at that statement. Oyass appears to be saying that the paintings are so valuable that they’re not worth insuring, or put another way, since the paintings are not replaceable, insuring them is a waste of money. This thinking makes absolutely no sense. The museum should have had theft insurance (assuming that’s permissible in Norway); all museums should have theft insurance, as should all art galleries and private collections. Whether or not a work of art is “replaceable” is not the issue. The issue is getting compensated if the art is stolen. What’s better– a stolen painting and a $5 million insurance settlement or a stolen painting and a $0 insurance settlement?

Yes, the cost of insuring a museum’s entire collection is prohibitive, but thieves don’t normally steal the entire collection. They only steal part of it, and usually a pretty small part. So insure only a part of it. Theft insurance covers “incidents,” not specific works of art, unless the insured specifies individual coverage for specific works of art in the policy. In other words, if you purchase theft insurance, you’re insured for the coverage amount no matter what gets stolen. You may not recoup the entire amount of the loss, but at least you’ll have something.

“But insuring even our few most valuable paintings is still too expensive.” Not true again, we represent AXA, Chubb, Chartis, Markel, Travelers, each one approaches the total risk cost differently)

So that’s a rationale for not insuring anything? How about this idea– pay for as much insurance as you can afford, maybe $1,000,000, maybe $10,000,000? That way, if art gets stolen, at least you have enough money to hire top quality private investigators to try and recover it, get publicity for the theft, or perhaps even pay a ransom. Or use the money to buy a state-of-the-art security system for your museum (or gallery or private collection) so that theft doesn’t happen again. Forget about whether or not art is replaceable or unique or iconic; receiving compensation for a theft is what counts, and using that compensation to either recover the art, offset the loss in revenues that may result from the art being stolen, or make life more difficult for people who steal art, so difficult, hopefully, that many will stop stealing it.

* Photograph and document your collection or at least the most valuable works in your collection. Include current appraisals, original sales receipts, and any additional paperwork that speaks directly to the value of your art.

* Buy as much insurance as you can comfortably afford, whether or not that amount covers the entire value of your art. Most loss, damage, or theft affects only a portion of a collection, not the entire collection. To repeat– receiving some compensation is better than receiving no compensation at all.

* Make sure you understand your insurance policy. This means reading the fine print and asking every question about every conceivable loss or damage situation that you can think of. You don’t want to find out after a loss that you were not covered for that specific type of loss. For example, I once had a computer stolen while in transit from one destination to another. I contacted my insurance company to report the loss. They told me the computer was not covered. I asked what the additional cost would have been to cover the computer. They told me the annual increase in premium to cover $5000 worth of electronic office equipment was about $10! Had I known this when I purchased the policy, I would, of course, have added it on– and did add it on the instant I found out.

* Theft/damage insurance for art, added to your home insurance, generally costs $1-$2 annually per $1000 of coverage (less if you have a good security system in place). (we represent) Several insurance companies specialize in covering art and antiques exclusively. Coverage details can be discussed and/or negotiated with your insurance company,( better rely on your broker, who understands the difference in conditions and forms).

There’s no excuse for not insuring an art collection. If you can afford the art, you can afford the insurance. And remember– you don’t have to insure for every last penny of value in your collection. Loss or damage rarely affects an entire collection, and you’ll find that in the large majority of cases, even partial coverage will reimburse you for a substantial percentage of the dollar amount involved in most occurrences

First Date Horror Story.

Authorities say an intoxicated Dallas woman who was on a first date with a prominent Houston trial lawyer caused at least $300,000 in damage to his art collection, including two Andy Warhol paintings.

Lindy Lou Layman, 29, was arrested on criminal mischief charges after her date with Anthony Buzbee. She was released on $30,000 bond.

Prosecutors say Buzbee, 49, told investigators that Layman got too intoxicated on their date, so he called her an Uber after they returned to his home. Buzbee said Layman refused to leave and hid inside the home, when he found her and called a second Uber, she got aggressive.

Authorities said she tore down several paintings and poured red wine on some while yelling obscenities. She also allegedly threw two $20,000 sculptures across the room and shattered them.

The damaged Warhol paintings were each valued at $500,000 in court documents.

Buzbee has represented high-profile figures, including former Texas Gov. Rick Perry. Then-candidate Donald Trump also visited his home last year when Buzbee held a fundraiser.

Collector’s Policy cover these scenarios?

YES! Visit ARTINSURANCENOW.COM because our Collector’s policy covers damages while Art is in the home. How is a loss settled? A restorer or appraiser will evaluate the work to determine the current condition and decide If the art can be repaired or not. If not, payment is based on the schedule amount or the current market price, if it’s a blanket policy

In an insightful article by leading tax professional Julian Block, the perils of being taxed on an Insurance claim for art that has appreciated are explained.

Using the received replacement value to purchase works of other types may not qualify you for the IRS’ “complete non-recognition of gain under the involuntary conversion rules”. This means you can be taxed.

*The law authorizes an important tax break for a property owner who collects insurance (or other compensation) for property lost due to fire, theft or condemnation by a governmental authority. Ordinarily, you’re liable for an immediate tax on any excess over the cost basis of your property.

But a special rule permits taxes to be deferred if the proceeds are reinvested in similar property within the deadlines imposed by the IRS for replacement. For the “involuntary conversion” rules to apply, Code Section 1033 mandates that the replacement property has to be “similar or related in service or use” to the property replaced.

Understandably, words like “similar” lend themselves to different interpretations. Also understandable is that the IRS sometimes takes a hard-nosed approach.

Consider, for example, Letter Ruling 8127089. It held that oil paintings aren’t “similar” to lithographs so as to be eligible for involuntary conversion deferral.

The ruling dealt with a request for advice from someone I’ll call Irene Holmes. A fire in her home destroyed an art collection that included about 3,000 lithographs and a small number (about 1 percent of the entire collection) of oil paintings, pencil drawings, and wood carvings. A prudent Irene had insured the collection for its full current value. As current value exceeds her cost basis, a portion of the insurance proceeds represents gain.

Irene explained that she intends to use the proceeds from the insurance to purchase the replacement property. The replacements will consist of a mix of media — approximately 63 percent lithographs and 37 percent art works in other artistic media, such as oil paintings, watercolors, sculptures or other graphic forms of art — rather than reflect the composition of the lost artwork.

With that set of facts, the IRS “will not consider as property similar or related in service or use, art work in one medium, destroyed in whole or in part, replaced with art work in another medium. Therefore, in order to qualify for complete non-recognition of gain under the involuntary conversion rules,” the IRS spelled out what Irene has to do.

She “must purchase the same percentage of lithographs as were destroyed in whole or in part and the same percentage of art works in other artistic media as were destroyed in whole or in part.”

What happens if Irene decides to reinvest as proposed (63 percent in lithographs and 37 percent in other media? She’s going to be liable for taxes on the 37 percent of the proceeds that she reinvests in “other artistic media.”

Additional articles. A reminder for accountants who would welcome advice on how to alert clients to tactics that trim taxes for this year and even give a head start for next year: Delve into the archive of my articles (more than 225 and counting).

*Reprinted with permission from a Feb 20th, 2018 article by Julian Block.

About Julian Block

Attorney and author Julian Block is frequently quoted in the New York Times, Wall Street Journal, and the Washington Post. He has been cited as “a leading tax professional” (New York Times), an “accomplished writer on taxes” (Wall Street Journal), and “an authority on tax planning” (Financial Planning magazine). More information about his books can be found at julianblocktaxexpert.com.

Does your Art Dealer policy cover you?

Not all Art Dealer policies do. The reality is most art dealer insurance forms exclude or limit coverage important to your business operations.

Those policies either specifically exclude artwork on consignment, off premises, at exhibitions, and in transit. Fortunately ArtInsuranceNow.com | Bernard Fleischer & Sons Inc. offers coverage with policies designed specifically around the conditions of the Art Dealer.

Unlike typical Dealer Policies, ours are designed specifically to the unique circumstances around your business. We will work with you to help design a policy that fits your budget, exposures, and style.

If you have valuable artwork in your possession, you should speak with us about adequate coverage. Fine Art Coverage is unique in nature, we work with many Insurance Companies to help place broader, or special coverages to satisfy your requirements.

Recent news out of the insurance industry suggests rates are moving higher. This makes it a prime opportunity for us to review what you currently have and review your business exposures. Contact us today!

Call us at 800-921-1008 to discuss your particular situation or for a direct quote apply below.

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